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Court dismisses PDP’s suit seeking disqualification of Tinubu, Shettima

Court dismisses PDP’s suit seeking disqualification of Tinubu, Shettima
January 13
18:08 2023

A federal high court in Abuja has dismissed a suit by the Peoples Democratic Party (PDP) seeking the disqualification of Bola Tinubu, the presidential candidate of All Progressives Congress (APC), and his running mate, Kassim Shettima.

Delivering judgment on Friday, Inyang Ekwo, the presiding judge, dismissed the suit on the grounds that the PDP lacked the locus standi to institute the suit.

Ekwo held that the case was an abuse of court process.

In the originating summons marked FHC/ABJ/CS/1734/2022, the Independent National Electoral Commission (INEC), APC, Tinubu, and Shettima are listed as the first to fourth defendants, respectively.

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In the suit filed on July 28, 2022, the PDP said Shettima’s nomination as Tinubu’s running mate was in breach of the provisions of sections 29(1), 33, 35, and 84(1)(2) of the Electoral Act, 2022.

The party argued that Shettima’s nomination to contest the position of vice-president and Borno central senatorial seat contravened the law.

The PDP, which sought an order disqualifying the APC, Tinubu, and Shettima from contesting the presidential election, also sought an order nullifying their candidacy.

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The PDP also sought an order compelling INEC to remove the names of the APC candidates from the list of candidates eligible to contest.

But the defendants, in their preliminary objection, urged the court to dismiss the suit for want of jurisdiction.

They argued that the plaintiff (PDP) lacked the locus standi to file the case, adding that it amounted to challenging the APC’s decision on the nomination of candidates, which is an internal affair of the party.

Delivering judgment, Ekwo agreed with the defendants.

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“Where there is no locus, the court has no jurisdiction,” the judge said.

Ekwo added that that matter bordered on the internal affairs of the APC, and as such, the PDP lacked the grounds to file the case.

The judge, thereafter, dismissed the case

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